We Can Work it Out Part III: Using the Resolution Process to Resolve Disputes Under The IDEA 2004

    As yet another way to resolve disputes before a due process hearing, the IDEA 2004 added a resolution process. Once a due process complaint notice is filed, the school district is required to convene a resolution meeting between the parents and the relevant members of the IEP team. The purpose of the resolution meeting is for the parents to discuss the due process complaint and give the school district an opportunity to resolve the dispute.

     The relevant members of the IEP team are those members of the team who have specific knowledge about the facts identified in the due process complaint. The parents and the school district will mutually determine which members of the IEP team are relevant. Additionally, the meeting must include a representative of the school district who has the authority to make decisions on behalf of the school district.  

      The meeting, however, may not include an attorney representing the school district unless the parents bring an attorney to the meeting. So, the parents have an opportunity to meet with school staff without the school district’s attorney being present. If parents choose to bring an attorney to the resolution meeting, then the school district may also bring its attorney.  

     Moreover, should parents choose to be represented by an attorney at the resolution meeting, the parents may not be awarded attorneys’ fees for their lawyer’s time  attending the meeting. The resolution meeting is required unless the school district and the parents agree in writing to waive it or the two sides agree to use mediation instead. If the dispute is resolved through the resolution meeting, the parents and the school district will develop and sign a written settlement agreement. Similar to the mediation agreement, the resolution settlement agreement is enforceable in State court or United States district court. But, either the parents or the school district have three business days after the agreement is signed to void, or get out of, the agreement.  

     Finally, from the parent’s perspective, the resolution session is essentially another IEP meeting but, perhaps, without the school district’s attorney. On the other hand, the mediation process involves an outside person, the mediator, who can help facilitate resolving the dispute. For that reason, parents and the school district might choose to use the mediation process instead of the resolution process. Using either process will be beneficial if disputes are resolved without the need for a due process hearing.

We Can Work it Out Part II: Using Mediation to Resolve Disputes Under The IDEA 2004

 The last post began a short series of articles on dispute resolution under the IDEA 2004. That article ended with the requirements for filing a due process complaint notice. This post covers mediation and next week’s post will cover the new resolution process.

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       Mediation is a process in which an objective and impartial third party (the mediator) works with both sides of a dispute to help them reach an agreement to resolve the dispute. Unlike a hearing officer, the mediator does not weigh evidence and resolve legal issues. Under the IDEA, the mediator’s job is to help the parents and school district reach an agreement. In that process the mediator will meet with each side to the dispute, separately or together (depending on the style of the mediator) and try to resolve disagreement.

       For the mediation process to work, the participants need to be able to speak freely. Thus, the discussions that occur in mediation under the IDEA are confidential.  Prior to the IDEA 2004, mediation agreements resolving special education disputes were not legally binding. The agreements were voluntary and each side relied on the other’s good will to comply with the agreement. Congress, however, received comments that since mediation agreements could not be legally enforced, parents and school districts were sometimes reluctant to use the process. Thus, in the IDEA 2004, Congress required that if an agreement is reached in mediation, it can be enforced in State court or a United States district court.  

Mediation can be used to resolve any special education issue, including issues that occur before a due process complaint notice is filed. So, mediation can be used to resolve disagreements without requesting a due process hearing or it can be used to settle disputes after a hearing has been requested. Moreover, to encourage mediation, the IDEA requires that the state education agency  maintain a list of qualified mediators and bear the cost of the mediation process.

So, mediation does not cost the parents or the school districts other than their time in the mediation. Mediation is voluntary and both parents and the school district must agree for the mediation to occur. Additionally, the state education agency must assure that mediation is not used to deny or delay a parent’s right to a due process hearing. Thus, by agreeing to mediation neither the parents nor the school district give up the right to pursue a due process hearing if the mediation is unsuccessful.

      Finally, while this article focuses on resolving disputes regarding children with disabilities under Part B of the IDEA (services for children aged three to twenty-on), mediation can also be used to resolve disagreements under Part C (services for infants and toddlers from birth through age two).  

We Can Work it Out: Using the IDEA 2004 to Resolve Disputes Before They Get to Hearing

My posts this week and next week will cover the IDEA 2004 formal procedures for resolving disputes prior to a due process hearing. This week I’ll cover the due process complaint notice and next week discuss mediation and the resolution process. A subsequent post will cover the due process hearing.   

Since 1975 the Education for All Handicapped Children Act (now the Individuals with Disabilities Education Act or IDEA) has provided parents the right to a due process hearing to resolve disagreements over special education services to children with disabilities. A due process hearing is a very formal procedure to resolve disputes. In a due process hearing an impartial hearing officer (IHO) makes a decision in favor of the parents or the school district after each side has presented evidence at the hearing. Parents and school districts have very specific rights or safeguards in due process hearings including the right to present evidence and to be advised by an attorney. 

      Thus, due process hearings, similar to a trial, are formal, can be costly, adversarial, and time intensive. To avoid the cost, time, and stress of due process hearings, parents and school districts resolve most special education disputes before they go to a hearing. In fact, in 2003 the General Accounting Office (GAO) issued a report stating that because most due process hearing requests are withdrawn or the parties settle the dispute before the hearing, the number of special education hearings nationally was low. For example, in the year 2000 the GAO found that there were only about 5 hearings per 10,000 special education students. In 2004, to further encourage resolving special education disputes, Congress amended the IDEA by adding to the dispute resolution process a due process complaint notice, a resolution process, and made mediation agreements legally binding.  

 Due Process Complaint Notice

      The IDEA requires that whenever a party, either a parent or a school district, wishes to request a due process hearing to resolve a special education dispute, they first must provide the other side with a due process complaint notice. The due process complaint notice tells the school district (or the parent if the school district requests the hearing) who the student is, the school the student attends, what the issues are, and suggests ways to resolve the dispute. As the IDEA 2004 was being drafted, some school administrators commented to Congress that districts frequently received requests from parents for a due process hearing when the districts were unaware that a dispute even existed.     

Thus, the due process complaint notice gives the school district information about the dispute and a chance to resolve the disagreement. While parents may feel it is burdensome to have to draft this notice in order to have a hearing, putting the problem and possible resolution in writing can help focus the issues and might lead to a resolution.

      The content of the due process complaint notice is very important because issues cannot be raised at the due process hearing if they were not identified in the due process complaint notice. This is true unless the other side in the hearing agrees to let the new issues be addressed at the hearing. There is a process for amending the due process complaint notice to add new facts and issues. Moreover, if a parent wanted to add issues that were not in the due process complaint notice and the school district did not agree to let those new issues into the hearing, the parent could request a separate hearing on the new issues.  In that event, the school district might agree to let the issues be heard in the original hearing rather than having two hearings. 

     Finally, State education agencies are required to develop model forms to help parents and school districts file due process complaint notices, but using those model forms is not required so long as the notice contains the information required by the IDEA.  

       In summary, the due process complaint notice requirment was added to the IDEA to avoid school districts being surprized when they recive a request for a hearing from a parent. It is hoped that by letting the school district know the nature of the disagreement and a possible resolution, the dispute can be resolved and a hearing avoided. Thus, the due process notice must be sent or a hearing cannot occur.  

Avoiding Stormy IEP Meetings:Tips for Chairing an IEP Meeting

  Principal Fife was the captain of the good ship HMS Middle School. He knew his mission, keep the school ship shape, hatches battened down, and sailing straight. Through twenty years serving in her majesty’s local education agency he’d successfully weathered the storms sent his way. Why then had the IEP meeting he just chaired been such a disaster? He was assigned to act as the designee for the Director of Special Education and, though he had attended many IEP meetings, this was the first time he scheduled, planned, and chaired an IEP meeting for a student with a disability.

 He thought he’d run a tight meeting. He invited only the essential professionals. To keep the meeting on time as well as non adversarial, he kept discussion to a minimum and discouraged the questioning of the professionals. After all, each professional was an expert in their area of service provision and their recommendations shouldn’t be second guessed by others.  Thanks to him the meeting was completed in ninety minutes (thirty minutes past the one hour he had announced at the outset as the time allotted for the meeting). So, what was the deal? Why did the parents leave angry and threatening to see a lawyer? 

  In the above scenario Principal Fife wanted to have a productive Individualized Educational Program (IEP) meeting. He wanted to develop to a good program for the student, but his emphasis on efficiency sacrificed quality and unnecessarily angered the student’s parents. Sure, there are going to be disagreements in IEP meetings. Educational programming is not an exact science. You should expect that, at times, parents will disagree with the recommendations of the educational professionals and educational professionals will disagree with one another. But proactively seeking parent input in the IEP process can help you avoid unnecessary disagreements and help make those disagreements that may be necessary less disagreeable. 

Eight Tips for Planning and Chairing an IEP Meeting 

1.      Schedule the meeting at a time reasonably convenient for the parents. The IDEA requires this and it makes good sense. Let the parents know in writing when the meeting is scheduled and make sure they know they can reschedule for another time and who to contact if they wish to reschedule. Then, if they ask, reschedule. You do not want parents to call the wrong person and be told the date is set, etched in stone, and cannot be changed. 

2.  Tell the parents, in writing, who the school district is inviting to the IEP meeting and what their role is. The parent may not know what role each professional plays in their child’s life. You don’t need to provide a biography of each IEP team member, but include their title and be sure the parents know they can find out more information if they wish. 

 3.  Make sure all of the right people are invited to the IEP meeting. For example, if the student will be transitioning from elementary school to middle school next year, it might be wise for you to include some of the middle school teachers in this year’s IEP. Or, if you expect a discussion regarding placing the student in a private or non district program, make sure appropriate staff from that program attend the meeting to describe the program and answer questions. Parents and other professionals cannot make a decision about a placement in a vacuum.  

4.  Ask the parents if they would like other individuals invited to the meeting. The IDEA requires that “not less than one of the student’s regular education teachers” attend the meeting, but students in middle school and high school often have more than one regular education teacher. The parent may want to have more than one regular education teacher. The IDEA also allows parents or school personnel to include on the IEP team other individuals who have knowledge or expertise about the child’s special needs. For example, the child may be seeing a therapist privately and the parent may want that individual invited to the meeting.. When it comes to IEP meetings more is not necessarily merrier, but too few is clearly not be enough. 

 5.  Do not set a time limit for the meeting. Try to schedule sufficient time, but if the IEP is not completed in that time, schedule another meeting to complete the IEP.  Be sure that the parents and other professionals know that this IEP will not be rushed to completion.   

6.  Facilitate open discussion among all members of the IEP team. Encourage parents to ask questions of the professionals and the professionals to ask questions of the parents and each other. 

 7.  Translate professional mumbo jumbo. Break down education speak so that all team members understand what is being said. 

 8.  Remember whose child it is. Listen to the parents and treat them as you wish to be treated: as a professional. Parents are members of the team. Remember, that while school professionals want what’s best for the child, they are not the parents. The professionals know the child as their student while at school and during the child’s school career. But the parents will be the child’s parents for life. 

  Using these tips will tell parents that you and the other educators in the IEP meeting really want what is best for their child and value the parents’ input. If parents think that you are not open to their ideas, they can become frustrated and angry. Refusing to reschedule meetings or to invite individuals that the parents would like at the meeting sends a message that you don’t really care. Since you do care, don’t send that message. Also, listening to the parents, having the right people at the meeting, and facilitating open discussion will help ensure that a good plan is developed. There will be disagreements in IEP meetings. That’s’ OK. There are times when IEP meetings may become rancorous and adversarial. That’s OK too. But you don’t want the meeting to become needlessly adversarial because you didn’t seek parent input into putting the IEP team together and  you didn’t respectfully listen to the parents concerns .       

Protecting Infants and Toddlers with Disabilities from Abuse: Connecting CAPTA with the IDEA

      Congress originally passed the Child Abuse Prevention and Treatment Act (CAPTA) in 1974 to provide federal funding to states to support Child Protective Service Agencies to help prevent child abuse. Over the years, CAPTA has been amended several times, most recently in 2003 by the Keeping Families and Children Safe Act. Additionally, research has found that children who are abused or neglected often have physical, mental, or emotional problems requiring specialized intervention. Thus, the 2003 CAPTA amendments require that states that receive CAPTA funds develop procedures to refer children who are under the age of three and are involved in a substantiated case of abuse or neglect to Early Intervention Services under Part C of the IDEA. The IDEA’s Part C requires that states have a coordinated interagency program of early intervention services for children with disabilities from birth through age two. Moreover, when the IDEA was amended in 2004, Congress also required ,through Part C, that states have procedures for referring a child who is under the age of three and who is involved in a substantiated case of abuse or neglect for early intervention services under Part C.    

Historically, child welfare workers and early intervention providers have done their good work from within their respective systems, often unaware of how the other system worked. There are differences in the two systems. Child welfare services’ mission is generally keeping children safe. To that end, child welfare workers may work to strengthen families, but their primary focus is protecting the child. Unlike early intervention services, child welfare services may require court involvement, termination of parental rights, and many abused or neglected children are placed out of the home in foster care. Again, while child welfare workers may try to support the family, their mission is to keep the child safe, not to ensure family input and choice in the child protection process.

   On the other hand, under the IDEA Part C early intervention services focus on working cooperatively with families to ensure that infants and toddlers with disabilities receive the early intervention services they need. Under Part C, early intervention services are designed with family involvement and provided through an Individualized Family Service Plan (IFSP). Part C emphasizes family choice and input. Moreover, Part C contains specific procedural safeguards for families including the right to informed consent to evaluation and services, appeal rights, and provides for surrogate parents for children without parents. Connecting infants and toddlers who have been abused or neglected to Part C early intervention services requires that the two systems, child welfare and early intervention providers, work together. It is important, therefore, that child welfare workers and early intervention service providers understand how both systems work. 

   To that end, many states have developed interagency agreements between the state child welfare agency and lead agency for Part C early intervention services to ensure cooperation between the two systems. Moreover, many state and local representatives of the two systems have provided conferences, regularly scheduled meetings, and cross trainings to help their colleagues understand how the systems can work together on behalf of children. For information on what is happening in your state you can contact your state child welfare agency through the Child Information Gateway website and/or your state’s Part C lead agency which you can find at the National Early Childhood Technical Assistance Center (NECTAC) website.           

New Jersey Places IDEA Burden of Proof on School Districts

  Yesterday New Jersey’s Governor Corzine signed into law state legislation placing the burden of proof in all special education due process hearings on the school districts regardless of whether the parents or the school district requested the hearing. Similar to New York’s legislation passed last fall, this bill rectifies the Supreme Court decision in Schaffer v Weast placing the burden of proof on the side challenging the IEP. In the Schaffer decision the Supreme Court did not discuss whether a state could pass legislation overriding this rule. The New Jersey legislation went into effect immedialtley upon Governor Corzine’s signing.

Denying Qualified Students with Disabilities Access to Accelerated Programs Violates Section 504 and Title II of the ADA

  Apparently, some schools or school districts have refused to allow qualified students with disabilities the opportunity to participate in challenging academic programs such as Advanced Placement or Baccalaureate classes or other accelerated programs. Moreover, some schools and school districts have required that students with disabilities give up their specialized services in order to participate in these accelerated programs. Thus, on December 26, 2007 the Office for Civil Rights (OCR) issued a Dear Colleague letter advising educators that these actions violate Section 504 and Title II of the Americans with Disabilities Act and if reported will be investigated by OCR. 

  Both Section 504 and Title II of the ADA protect qualified students with disabilities from discrimination based on disability. Schools, therefore, may not use criteria or administer programs in a manner that has the effect of discriminating against students with disabilities.  To be sure, schools are not required to admit students, including students with disabilities, to accelerated programs who do not meet the criteria for acceptance into the program. But if a student with a disability meets the criteria, denying admission based on disability violates 504 and the ADA.  

  The OCR letter also makes the point that participation by a student with a disability in an accelerated program would generally be considered part of regular education or regular classes under Section 504 or the Individuals with Disabilities Education Act (IDEA). Thus, if a student needed related aids and services to participate in the regular accelerated program, the school cannot deny the student those services. For example, if the student needed Braille materials, extended time on tests, or the use of assistive technology, like a computer in order to take notes, the support services must be provided. 

  Finally, the OCR letter clarifies that if a student needs special education or related aids and services, schools may not require students to give up those services in order to participate in the accelerated program. Both Section 504 and the IDEA require an individualized determination of a student’s educational needs. That determination may result in a decision that the student requires related aids and services in order to participate in the accelerated program. Schools may not ignore the student’s individual needs and automatically deny the student the needed services in an accelerated class or program.

Special Education and Surrogate Parents

             Joanna was frustrated. She had just been assigned to be the social worker for a three year old girl with fetal alcohol syndrome who was in the hospital. The little girl was scheduled to be assessed by the school district to determine if she should receive special education services. Joanna knew that the girl’s parents had to sign and consent to the assessment, but the father was unknown and she hadn’t been able to find the mother. The school district said they needed someone to consent to the assessment but that, legally, Joanna could not. Joanna was sure that there was something more the school district had to do to resolve this dilemma, but she wasn’t sure what. 

            While educational and early childhood services under the Individuals with Disabilities Education Act (IDEA) are provided to children, a child’s right to those services is generally enforced by parents. But some children with disabilities do not have parents or their parents cannot be found. Who looks out for children without parents? The IDEA has a process that appoints a surrogate parent to protect the rights of children with disabilities who don’t have parents. 

           Whenever the parents of a child are unknown, can’t be located, or the child is a ward of the State, an individual must be assigned to act as a surrogate parent for the child in the educational process. The surrogate parent has the rights that any parent would have to make sure that the child with a disability receives appropriate educational services. Thus, the surrogate parent can consent to a child being assessed and placed in special education. The surrogate parent can review the child’s school records and attend individualized educational program (IEP) meetings. Finally, if there is a disagreement between the surrogate parent and the school district regarding the child’s school program, the surrogate parent has the authority and the responsibility to use dispute resolution procedures. Surrogate parents, however, are only appointed to protect the child’s rights in the education process. So, the surrogate parent does not have the authority to act on behalf of the child outside that process.  For example, the surrogate parent cannot consent to medical care or make other treatment decisions for the child that are not educational decisions.   

          Since the surrogate parent is responsible for making educational decisions for the child, the surrogate parent must have the skills and knowledge needed to be able to support the child in the educational process. The surrogate parent should. therefore, know about the child’s rights under the IDEA and the child’s educational needs. School districts and state departments of education often provide training to prospective surrogate parents so they can learn about the IDEA. And, once appointed, a surrogate parent has the right to meet the child, look at the child’s school records, and talk to teachers and other professionals to learn about the child’s educational needs.  

           It is important that the surrogate parent not have personal or professional interests that might conflict with the child’s best interests. For example, if the surrogate parent also worked for the school district serving the child, the surrogate parent’s judgment might be affected by that working relationship. So, to ensure objectivity, the surrogate parent cannot be an employee of the state department of education, the school district, or any other agency that is involved in the child’s education or care. 

            Children with disabilities who do not have parents are often in the care of departments of social services and similar agencies. Since those agencies are involved in the care of the child, social workers cannot be surrogate parents for children served by their agency. That does not mean that a social worker could not attend an IEP meeting or other educational meetings. In fact, the social worker would likely be very helpful in the educational planning process. But the social worker cannot be the surrogate parent.              In some circumstances a child may have been assigned a guardian ad litem. A guardian ad litem is a person, usually an attorney, appointed by a court to act in the best interests of a child. If a court has given the guardian ad litem specific authority  to make educational or early childhood service decisions for the child, then the guardian ad litem fulfils the role of parent in that process. Consequently, a  surrogate parent is not necessary.  

           Anyone who believes that a child with a disability may need a surrogate parent can contact the appropriate school district to have a child’s need for a surrogate parent determined.  If you believe a child may need a surrogate parent, or you would like to be a surrogate parent for a child, you should contact the director of special education for the school district or contact your state department of education. The surrogate parent requirement also applies to Part C of the IDEA providing early intervention services to children with disabilities under age three. If you are concerned about appointing a surrogate parent for a child under the age of three, then you should contact your state’s lead agency that is responsible for providing Part C services.

             Being a Surrogate Parent  

           Being a surrogate parent involves getting to know the child, reviewing school records and other information, and talking with teachers and other service providers. It involves participating in IEP meetings. The surrogate parent, like any parent, makes points and asks questions in these meetings to make sure the child is receiving appropriate services. And, if the surrogate parent believes the child is not receiving appropriate services, the surrogate parent should use the IDEA’s dispute resolution procedures to enforce the child’s right to a free appropriate public education. Being a surrogate parent means providing a valuable service protecting the educational rights of children with disabilities who do not have parents.    

Ten Tips to Parents to Improve Participation in IEP Meetings

It was a beautiful but busy Monday morning. The brisk air signaled autumn’s approach as Brenda hustled to get her two boys off  to school. It was the second week of school and she and the boys still had that mixed  feeling of anxious anticipation that came with a new school year. She opened Jeremy’s back pack to put in his sack lunch and found a note informing her that his IEP meeting was scheduled for the following Friday afternoon. Her mood immediately changed as anxiety overcame anticipation and turned to dread. Jeremy, her beautiful 8 year old, had a learning disability and obsessive compulsive disorder. He needed special education. She was pleased that the school district provided special services, but dreaded the meetings needed to design his program.

 Brenda knew that the school professionals wanted to do the right thing for Jeremy, but she was never sure what that was. She worried that the school district’s limited resources affected the school staff’s recommendations. She knew  she could ask questions in the IEP meeting, but it was hard to do. As a parent she felt alone, finding it hard to speak up, and difficult to disagree with  these trained professionals. They didn’t always seem open to her questions and ideas. Once, as the school psychologist left the meeting early, she said sarcastically she hoped he wouldn’t be late for his golf game. That comment hadn’t improved the tone of an already tense meeting. As she looked at the IEP  invitation, she wondered if her husband was even available next Friday.

Parents of children with disabilities face similar dilemmas all the time. Here are 10 tips to make it easier.

 Ten Tips for Improving Parent Participation in an IEP Meeting  

1. Prepare and plan for your meeting. Look at the current IEP. Think about what is working well and what isn’t. Review recent evaluations and assessment information that you have. Do you have copies of the most recent assessment information done by the school district? If not, ask for it. Make a list of questions you want to ask at the IEP meeting and points you would like to make.

 2.Do you have someone who can help you plan for the meeting and attend the meeting with you? If possible both parents should attend an IEP meeting, but it is also very helpful to take someone else as an advocate or support person. It is hard to advocate for yourself. Having someone to brainstorm with you ahead of time, take notes in the meeting, and ask questions can reduce your anxiety and help you participate more effectively. 

 3.  Look at the notice inviting you to the IEP meeting. The notice should tell you who the school district intends to have at the IEP meeting. Are there additional individuals that you would like to attend the meeting? You have the right as a parent to invite other individuals who have knowledge or expertise about your child’s special needs. For example, perhaps your child receives speech therapy or other therapies from a provider in private practice. Would you like that professional to attend the meeting to make recommendations to the other members of the IEP team? 

 4.  Are you and the others you would like to attend the IEP meeting available at the time scheduled? You have the right to have the meeting arranged at a reasonably mutually convenient  time. If the meeting is not scheduled at a time that works for you, you should contact the appropriate school staff to reschedule. 

5.While at the meeting make sure you ask all of your questions and get your questions answered. Educational professionals often speak in their own language. If you don’t understand something that is said, don’t hesitate to ask that it be restated in more understandable terms. It is part of an educator’s  job to communicate effectively to parents and others. It is important that all team members understand what is being recommended in the meeting.

6.Communicate what you would like to see in the IEP. As the parent you are a member of the IEP team and as the parent you have important information about your child’s strengths and needs that should be shared with the other members of the IEP team. While wanting to provide appropriate services, school staff can sometimes forget whose child it is. You are not just the parent. You have an important perspective to share and you do not have to just agree with what other members of the team recomend.

7.  Make sure the meeting focuses on developing a program to meet the unique needs of your child. Special education is specially designed instruction to meet the unique needs of a child with a disability.  If the needs of other students or the administrative needs of the school staff creep into the discussion the meeting can get off track and result in a poor plan. These other needs may be important but should not influence your child’s IEP. The IEP should be designed to meet the unique needs of your student with a disability. 

8.   Make sure issues are discussed sufficiently and the meeting does not end without completing the task. Sometimes it takes longer to complete the IEP than the time the school has allotted. For example, the IEP meeting is scheduled from 3:00 to 5:00 and the discussion becomes rushed as five o’clock approaches. Or, sometimes the meeting runs long and individuals cannot stay for the entire time. There is nothing wrong with scheduling another meeting to complete the IEP when all the needed team members can be available. 

9.  Keep your cool. Try not to take comments about your child personally or encounter disagreement with anger. That can be difficult. You may be justified in your anger, but  the views of parents who become too angry can sometimes be discounted. So, try to keep your anger in check and keep cool. 

10.   Finally, review the IEP document to make sure that everything agreed to in the meeting is written into the document.

AT is Where it’s At: Obtaining Assistive Technology for Students with Disabilities

  Sometimes things worked out like they were supposed to and Sara was pleased. She had expected to have a fight on her hands as she went into Gracie’s individualized educational program (IEP) meeting. Gracie was six and because of multiple disabilities she wasn’t able to talk. But just because Gracie didn’t talk didn’t mean she couldn’t communicate. Gracie communicated by using a picture board. The picture board had been developed by a speech therapist who worked with Gracie when she was three and in preschool. The picture board had worked fairly well, but Gracie was now finishing first grade. Gracie’s skills had grown and the tasks she needed to perform had become more complex as she advanced in school. Sara wanted the school to look into providing a more sophisticated communication system for Gracie as she entered second grade. Sara was concerned the school staff would be reluctant to explore what might be a more costly communication system.

 But, to Sara’s surprise, the IEP team shared her concerns and recommended a complete evaluation of Gracie’s assistive technology (AT) needs, including assessing her communication system. The AT assessment was to be completed before the end of this school year and the team would meet again to review the results of the evaluation and plan services accordingly. As always, Sara still worried that things might not turn out as she hoped, but she knew that getting a good evaluation was the first step in getting appropriate services for Gracie. For right now she was confident the school was doing its best for Gracie.  

The IDEA and Assistive Technology 

  Under the Individuals with Disabilities Education Act (IDEA) schools are required to provide assistive technology services for children with disabilities. Assistive technology, or AT, helps individuals with disabilities do more things for themselves. Assistive technology devices can help a child perform tasks that the child would not otherwise be able to perform because the child has impairments. As in Gracie’s case, her picture board helps her communicate more independently even though she is unable to speak. A more sophisticated alternative augmentative communication system might help her to communicate and learn even more independently. The following are questions and answers about obtaining AT for children with disabilities. 

1.     What is assistive technology?

Under the IDEA, AT devices are items and pieces of equipment that increase, maintain, or improve functional capabilities of children with disabilities. AT services are broadly defined as any service that directly assists a child in the selection, acquisition, or use of an AT device. 

2.     What are examples of assistive technology?

Assistive technology can be anything that helps a child function more independently. It includes things such as pencil grips, reaching devices, adapted toys, tape recorders, calculators, standing boards, environmental control systems, adapted keyboards, modified desks and chairs, computers, computer software that provides screen reading, text reading, and screen magnification, and alternative augmentative communication systems. 

  Specific disability related AT examples include:

● providing a modified key board with enlarged keys for a child with limited fine motor skills;

● providing a modified desk or computer table to accommodate a student in a wheelchair;

● providing computer software that reads aloud the screen or magnifies the screen for students with visual impairments;

● providing software that reads aloud the text for students with learning disabilities that affect their reading skills;

● providing personal digital assistants (PDA) to assist in note taking and organizing for students with disabilities that affect time management, note taking, and short term memory;

● providing reaching devices to help a student get books from a book shelf;

● providing audio books for a student with a vision impairment or other disability that affects reading skills; and

● providing a device that amplifies speech for a student with a hearing impairment.   

3.     What about cochlear implants and other devices that are surgically implanted, are these devices considered AT?

  No, in 2004 the IDEA was amended to clarify that devices that are implanted in children surgically, such as cochlear implants for children with hearing impairments, are not AT devices that schools must provide.  

4.     Is AT always expensive?

  No, AT devices range from inexpensive, low tech, items such as pencil grips, clip boards, audio books, and tape recorders, to more costly, higher tech devices such as computers and speech synthesizers. AT can be purchased, or it can be homemade. For example, in the film The Right Stuff, because Chuck Yeager has broken ribs he uses a sawed off broom stick to help him close the hatch to his plane before flying off and breaking the sound barrier. Homemade AT. 

5.     Who pays for the AT that a child needs?

If the student needs the AT in order to receive an appropriate education, then the AT should be written into the IEP and the public school system must make sure the AT is provided at no cost to the child’s parents.  

6.     What’s the first step in obtaining AT?

A good evaluation is the key to obtaining any service for a child with a disability. AT is no exception. Evaluating a child’s needs, including doing a functional evaluation in the child’s customary environment, is included as an AT service. As in Gracie’s situation, the IEP team has agreed that Gracie needs an AT evaluation. Once the evaluation is completed the IEP team will meet to design a program to provide the AT that Gracie needs to receive an appropriate education. 

7.     Are there specific requirements regarding AT in the IEP process?

Under the IDEA, AT is a “special factor” to be considered in the IEP process. This means that the IEP team must specifically consider whether a student with disabilities needs assistive technology. If the IEP team believes the student may need AT, then the team should recommend the student’s AT needs be further evaluated. If the IEP team then recommends that a student needs an AT device, that recommendation must be specifically written into the IEP. The IEP must also include the projected date when the AT service or device will be provided, and the duration of time, where, and how often will be provided.  

8.     What if the school provides AT, like a lap top computer, can a child use it at home as well?

The IEP team determines whether the child needs to use the AT device at home in order to receive an appropriate public education. If the IEP team recommends home use, then the child must be allowed to take the AT home. 9.     What happens if the child outgrows the device or it is damaged at school?The IDEA includes as an AT service maintaining, repairing, or replacing the AT device. So, if it is damaged through normal use, or requires future modification, the school must make sure that the repair or replacement is at no cost to the parent.  

10. Some of these devices, like alternative augmentative communication systems, seem complicated. What if the student or the student’s family doesn’t know how to use it?

 Also included as AT services are training and technical assistance in using the AT device for the student. If necessary, the student’s family and professionals such as educators, rehabilitation personnel, and employers may also receive training and technical assistance to learn how to use the AT device.  

11. Where can I get more information about AT?

There is a National Assistive Technology Assistance Partnership that has links to projects in every state that provide information and assistance in obtaining assistive technology.

  Assistive technology helps children with disabilities do more things for themselves and learn in inclusive settings. Parents and educators should make sure that IEP teams explore how assistive technology can help children with disabilities receive a free appropriate education.